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DECREE No

DECREE No.35 OF JUNE 14, 1996 OF THE GOVERNMENT STIPULATING IN DETAILS THE IMPLEMENTATION OF THE ORDINANCE ON THE MILITIA AND SELF-DEFENSE FORCE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance of January 9, 1996 on the Militia and Self-Defense Force;

At the proposal of the Minister of Defense,

DECREES:

Article 1.- The registration for management and recruitment of the militia and self-defense force is prescribed as follows:

1. From the 1st to 15th of April each year, the citizens in the age group defined in Article 3 of the Ordinance on the Militia and Self-Defense Force must be registered for management in the communes. wards and townships where they are residing permanently, working or studying.

2. Criteria for citizens to be recruited into the militia and self-defense force:

- Having a clear personal record,

- Possessing good political qualifications, loyalty to the socialist Fatherland of Vietnam; strictly observing the lines and policies of the Party and the laws of the State,

- Physically fit.

3. The People�s Committees of various levels, the Directors of enterprises, the Heads of administrative and non-business agencies shall have to lead, direct and organize the strict registration for management of the citizens in the age group defined in Article 2 of the Ordinance on the Militia and Self-Defense Force and under the guidance of the Ministry of Defense.

4. The military offices of various levels shall have to advise and assist the administration of the same level in organizing the registration and recruitment of citizens into the militia and self-defense force. The President of the commune, ward or township People�s Committee, the director of an enterprise and the Head of an administrative and non-business agency shall issue a decision to accept the citizens into the militia and self-defense force

Article 2.- The commune, ward or township military command must have full knowledge of the quantity and quality of the existing militia and self-defense force; the quantity and quality of the registered citizens and the recruitment results; the real situation, requirements and tasks of the locality so as to assist the commune, ward or township People�s Committee in organizing the rotary service in the militia and self-defense force for a four-year term; ensure that the militia and self-defense force has a high quality to meet the requirements and tasks of combat readiness; create the reserve source for expanding the force when necessary and ensure social equity.

Article 3.- The organization of the self-defense force in the enterprises of other economic sectors under Item 2, Article 6 of the Ordinance is prescribed as follows:

1. The enterprises that have Party organizations must organize the self-defense force.

2. An enterprise that does not has a Party organization shall organize the self-defense force when so requested by the provincial/municipal military office or when it so proposes and the proposal is accepted by the military office of a province or a city directly under the Central Government. The self-defense force in such enterprise shall be placed under the command of the military office of the district, provincial town or city belonging to the province and under the direct leadership of the Party committee of that district, town or city.

3. The directors of the enterprises which have not yet organized a self-defense force, shall have to create conditions and provide funding for citizens in the prescribed age group in their enterprises to join the militia and self-defense force in the localities where they reside.

Article 4.- The size and organizational structure of the militia and self-defense force under Item 2 Article 11 of the Ordinance is prescribed as follows:

1. The organizational structure of the militia and self-defense force shall consist of an infantry detachment and a necessary specialized detachment, an on-site combat force and a mobile combat force.

The State agencies, administrative and non-business units, socio-political organizations shall organize only an on-site combat force to defend themselves.

2. Size of the militia or self-defense force:

a. Each village, hamlet or population cluster in the plain, coastal and mid-land communes, wards and townships may organize a squad or a platoon; larger villages or hamlets. may organize a company if conditions permit.

b. Each village or hamlet in mountainous, highland and deep-lying commune, ward, or district township may organize a group, a squad or a platoon.

c. In the State agencies as well as in non-business and administrative units each study, work or production unit must organize a squad or a platoon.

d. In State enterprises, each production group or workshop must organize a squad, a platoon or a company; an enterprise that has the necessary conditions may organize a battalion.

e. An enterprise of other economic sectors may organize a group, squad or platoon.

f. A socio-political organization may organize a squad or a platoon.

Article 5.- The Military Command of a commune, ward or district township and in a State enterprise shall have to assist the People� Committee or the director of the enterprise in directing various aspects of the defense work, personally directing and commanding the militia and self-defense force in its building and in combat activities to ensure security at the grassroots level.

2. The military commander of a commune, ward or township or in a State enterprise must display good ethical norms, the sense of responsibility, the ability to fulfill his/her assigned tasks and have been tested through fighting, production and work.

3. Each border, coastal or island commune, ward and township shall have one full-time deputy military commander.

For key inland communes, wards and townships; remote and deep-lying communes where the President of the People�s Committee of the province or the city directly under the Central Government deems it extremely necessary to have a full-time deputy military commander, he/she shall, with the consent of the commander of the military zone, decide that which of such communes, wards and townships shall have one full-time deputy military commander. Each of the remaining communes, wards and townships shall have a part-time deputy military commander.

4. The appointment of the full-time or part-time deputy military commanders in communes, wards and townships shall be decided by the President of the People�s Committee of the district, provincial town or city under the province.

Article 6.- The militia and self defense force�s weapons and equipment, regardless of their sources, must be registered, tightly controlled and used for the right purpose in accordance with Article 14 of the Ordinance on the Militia and Self-Defense Force. The Ministry of Defense shall provide for the regime on the registration, management and use of the militia and self-defense force�s weapons and equipment.

Article 7.-

1. The period of political and military training for the militia and self-defense officers and men in each year is determined in accordance with Article 16 of the Ordinance on the Militia and Self-Defense Force.

In case of necessity or war, the training period may be extended to double the defined period.

2. The various levels and branches shall have to guide the political and military training for the militia and self-defense force in line with the contents and curriculum defined by the Ministry of Defense.

Article 8.-

1. The use of the militia and self-defense force in coordination with other armed forces in the task of security operations must be well planned to ensure unified command and that each force is used according to its functions and tasks.

2. In key border, coastal, island and inland areas, where high combat readiness is required, the militia and self-defense force shall be so organized as to ensure constant combat alert on a rotary basis in accordance with the regulations of the Ministry of Defense.

The People�s Committee of a province or a city directly under the Central Government shall be responsible for guiding the organization and taking care of the life, activity and study of the militia and self-defense force on combat duty.

Article 9.- Units of the regular army, local army and border force in any areas shall have to liaise with the local military office, take part in the building and training of the militia and self-defense force and coordinate with the militia and self-defense force in security operations.

Article 10.- The full-time and part-time deputy commanders of the commune. ward or township military commands are entitled to a monthly allowance defined in Article 26 of the Ordinance on the Militia and Self-Defense Force. The amount of this allowance shall be determined according to Point d, Item 1, Article 2 of Decree No.50-CP of July 26, 1995 of the Government; starting from the date on which the competent authority defined in Item 4, Article 5 of this Decree issues the official decision of appointment.

- The families of the officers of the commune, ward and township military commands under training at the provincial military school are entitled to a daily allowance equivalent to 0.1% of the minimum monthly salary.

Article 11.-

1. The militia officers and men who are on duty as defined in Point a, Item 3, Article 26 of the Ordinance on the Militia and Self-Defense Force are entitled to a daily sum of money equivalent to the pay of one working-day in a specific locality defined by the President of the district People�s Committee.

2. The militia and self-defense officers and men who are injured in an accident, sick or die while on duty as defined in Point b, Item 3, Article 26 of the Ordinance are entitled to social insurance as defined for State officials and employees in Decree 12-CP of January, 26, 1995 of the Government. The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, the Ministry of Health, the Ministry of Defense shall provide concrete guidance for the implementation of these regimes.

- The militia and self-defense officers and men who are wounded or die while performing the duties defined in Point c, Item 3, Article 26 of the Ordinance, they or their families shall be entitled to entitlement policies and regimes in accordance with Decree No.28-CP of April 29, 1995 of the Government if they are certified as war invalids or fallen heroes.

3. Each militia or self-defense member who is on combat duty on a rotary basis for six months or more as defined in Item 2, Article 8 of this Decree shall be provided with a uniform, a pair of shoes and a sun helmet.

Article 12.- The annual funding for the building and operation of the militia and self-defense force and the allowances for officers shall derive from the local budget in conformity with Article 27 of the Ordinance on the Militia and Self-Defense Force. The Ministry of Finance and the Ministry of Defense shall have to provide concrete guidance and close monitoring to limit the increase in the number of full-time officers in key inland communes and remote and deep-lying communes.

Article 13.- An organization or individual that achieves meritorious services in the organization, building and activity of the militia and self-defense force shall be commended and rewarded in accordance with the current forms and regimes prescribed by the State.

The military offices of various levels shall have to coordinate with the concerned agencies and assist the President of the People�s Committee of the same level in considering and approving the decision to commend and reward or propose to the higher level to commend and reward in a timely and accurate manner.

Article 14.- In order to bring into play the tradition and intensify the building of a strong militia and self-defense force to meet the requirements and tasks of constructing and defending the Fatherland, each year the local People�s Committees, the Ministries and branches, the military commands of various levels shall have to celebrate the traditional day of the militia and self-defense force on March 28 in a solemn and practical manner.

Article 15.- An organization or individual that shirks or hinders the organization, building and operation of the militia and self-defense force shall be, depending on the nature and seriousness of the violation, subject to administrative sanctions as prescribed in Decree No.24-CP of April, 18, 1996 of the Government or examined for penal liability.

Article 16.- This Decree takes effect from the date of its signing. The earlier provisions contrary to this Decree are now annulled.

Article 17.- The Minister of Defense shall have to coordinate with the concerned Ministers in implementing this Decree.

Article 18.-The Ministers, the Heads of the ministerial-level agencies and the agencies attached to the Government, and the Presidents of the People�s Committees of the provinces and the cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

The Prime Minister

VO VAN KIET